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Complete this quick Knowledge Check on the NLRA: Answer

Answer: Yes.

If employees are documenting unsafe working conditions, that photo or recording would likely be protected by the National Labor Relations Act (NLRA). Essentially, if a recording in the workplace is part of one or more employees’ efforts to discuss or provoke action regarding terms and conditions of employment, it would probably be considered protected activity under the NLRA.

The NLRA protects employees’ rights to discuss terms and conditions of employment with one another to determine whether they might benefit from the services of a labor union. According to the National Labor Relations Board (NLRB), recordings and photographs can be a protected part of such a discussion. For instance, if an employee recorded inconsistent or unlawful management behavior to encourage other employees to take action, such a recording may be protected activity.